Last updated October 26, 2018
AGREEMENT TO TERMS
YOUR ACCESS AND USE OF OUR SERVICES
By using the Site, you represent and warrant that:
1. all registration information you submit will be true, accurate, current, and complete;
2. if you register with the Site, you will not chooses a username that is inappropriate, obscene, or otherwise objectionable (as determined by us in our sole discretion);
3. you will maintain the accuracy of such information and promptly update such registration information as necessary;
5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
6. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
7. any Contributions (as defined below) will not infringe or otherwise violate our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.
If you breach any of these representations and warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or otherwise for any purpose.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, or otherwise interfere with, disrupt, or create an undue burden on the Site’s infrastructure.
3. Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, spiders, scrapers, or similar data gathering and extraction tools to access, acquire, copy, or monitor the Site or any Content, including account information of other users.
4. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
5. Delete the copyright or other proprietary rights notice from any Content, or copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or marks without our express prior written permission.
6. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
7. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
INTELLECTUAL PROPERTY RIGHTS
You are solely responsible for your Contributions to the Site and for any consequences of transmitting, submitting, or posting your Contributions to us or the Site. We reserve the right to (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.
There may be links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, service providers and other third parties provided on the Site. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties or for examining or evaluating any third-party products or services. We do not warrant their offerings or guarantee that the terms or services offered by any particular advertiser, business partner, affiliate, service providers or other third party on or through the Site are the best terms available in the market. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
If copyrighted content that belongs to you was posted on the Site without your permission, please notify us at:
1452 E 53rd Street
Chicago, IL, 60615
Please include in your notice:
· An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
· The name, address, telephone number, and email address of the copyright owner;
· Identification of the copyrighted work that is being infringed;
· Identification of where the infringing material is located on the Site (a URL works best);
· A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law;
· A statement that the information in your notice is accurate, and
· A statement that you are authorized to act on behalf of the copyright.
Upon receipt of the notification containing the information as outlined above:
· We will remove or disable access to the material that is alleged to be infringing;
· We will forward the notification to the alleged infringer; and
· We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
LIMITATION OF LIABILITY
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, NEITHER WE NOR OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS WILL BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR ANY SERVICE OFFERED THEREIN (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOUR INDEMNIFICATION OBLIGATIONS
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by regular mail, by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Mighty Deposits LLC
1452 E 53rd Street
Chicago, IL 60615
Phone: (773) 417 – 6467